bang
08-19 09:16 AM
Dear Friend
Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL
Bang
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL
Bang
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
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leo2606
01-09 11:44 PM
Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.
I would have said 2020 but as you are not part of India or china may be 2015.
I would have said 2020 but as you are not part of India or china may be 2015.
iv_newbie_2007
09-16 09:38 AM
OLDMONK,
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
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lotus26
09-01 02:28 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
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nshantha
08-14 03:42 PM
I am also 7:55 NSC R williams too... no receipt yet
alterego
10-20 01:07 PM
If they were honest, they would publish processing dates by country of chargability, since it is apparent to me that they are giving preference to EB2 ROW cases.
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sujith1
07-12 02:02 PM
The application was received on 7/10 and the checks were cashed today - How will you receive the resceipt number ? Would it come in the mail?
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Hermione
09-25 12:49 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
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webm
04-15 11:12 AM
Congrats!! on your GC...
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ajay
12-02 09:58 PM
Thanks for sharing this good news.
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mallikonnet
09-20 09:29 AM
I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".
Is there any way that i can get my H1 extended
Hi what kind of lawyer he is to say it is ok work after H1B expires with no EAD in hand. Technically you cannot work until you receive your EAD.
Ask your employer to see if he will do an extension if you pay for the expenses.
good luck
Is there any way that i can get my H1 extended
Hi what kind of lawyer he is to say it is ok work after H1B expires with no EAD in hand. Technically you cannot work until you receive your EAD.
Ask your employer to see if he will do an extension if you pay for the expenses.
good luck
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friend_in_NC
02-13 02:19 PM
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
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indiablues
12-26 09:25 AM
Hi,
I stumbled across this thread and this seems to be a great initiative that is managed professionally.
I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:
1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?
2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?
3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?
4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?
5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?
I would appreciate if someone can answer the above questions.
Thanks,
IB
I stumbled across this thread and this seems to be a great initiative that is managed professionally.
I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:
1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?
2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?
3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?
4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?
5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?
I would appreciate if someone can answer the above questions.
Thanks,
IB
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reddymjm
10-04 11:17 PM
HE likes RED though..
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webm
05-17 09:00 PM
Congrats!! dude.. good to hear something moving..
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radhay
11-04 12:38 PM
More than likely you will be called for interview in 2 months. That is what happend in my case. However since there are no visas when they completed my interview my application was put on hold.
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vivache
10-12 12:11 PM
No experience with this.
It will help to know what you can do in this case. I'm sure they have some solution.
It will help to know what you can do in this case. I'm sure they have some solution.
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iwantmygcnow
10-15 04:06 PM
Thank you
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panchotronera
08-12 09:20 PM
Mu I140 was approved back in May /07. I got a LUD today bit I don't know what it means. I have the receipt notice of my I485. I also got LUD on my I131 for me and my family.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
roseball
10-16 04:33 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.
amitkhare77
01-30 10:00 AM
please see my response
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
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